Allowed

Akashdeep Singh and Others v. State of Punjab and Another

Punjab & Haryana HC3 Oct 2024CRM-M/17125/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR based on a voluntary compromise. The Sub-Divisional Judicial Magistrate recorded statements confirming the compromise without coercion. The High Court relied on a Full Bench precedent to quash the FIR and all subsequent proceedings.

What did the court decide?

FIR No.100 dated 19.5.2023 and all subsequent proceedings emanating therefrom are quashed qua the petitioners.

Akashdeep Singh and Others Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2024)

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In The High Court for the States of Punjab and Haryana At Chandigarh

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CRM-M-17125-2024 (O&M) Date of Decision:- 03.10.2024

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Akashdeep Singh and others … Petitioners

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Versus

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State of Punjab and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Ashir Gulati, Advocate, for the petitioners.

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Mr. Japjot Singh, AAG, Punjab. Mr. Ramandeep Singh Gill, Advocate for Mr. H.S. Majithia, Advocate, for respondent No.2.

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GURVINDER SINGH GILL, J . (Oral)

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Petitioners-Akashdeep Singh, Gurbax Singh and Yuvraj Singh Waraich has approached this Court seeking quashing of FIR No.100, dated 19.5.2023, Police Station PS Gobindgarh Mandi, Fatehgarh Sahib, under Sections 323, 341, 506, 148, 149 of IPC (Section 326 IPC added later on), and all subsequent proceedings emanating

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MOHAN SINGH 2024.10.04 14:11 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CRM-M-17125-2024 (O&M)

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- 2 -

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therefrom on the basis of a compromise having been effected between the parties.

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Vide order dated 08.04.2024, the parties had been directed to appear before the trial Court/Illaqa Magistrate so as to get their statements recorded qua the factum of compromise.

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Report of learned Sub Divisional Judicial Magistrate, Amloh, has been received, wherein it has been reported that the statement of petitioners/accused Akashdeep Singh, Gurbax Singh (minor) through his natural guardian Sikander Singh, Yuvraj Singh Waraich (minor) through his natural guardian Jagjit Singh and complainant Krishna Pandey (minor) through his natural guardian Manoj Pandey have been recorded to the effect that they have compromised the matter amongst themselves.

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Complainant Krishna Pandey (minor) through his natural guardian Manoj Pandey in his statement had stated that he has no objection in case the FIR in question is quashed.

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The learned Sub Divisional Judicial Magistrate, Amloh, has specifically opined that the parties have entered into compromise voluntarily without there being any pressure, coercion or undue influence.

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In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab , the present petition

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MOHAN SINGH 2024.10.04 14:11 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CRM-M-17125-2024 (O&M) - 3 -

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is allowed and FIR No.100, dated 19.5.2023, Police Station PS Gobindgarh Mandi, Fatehgarh Sahib, under Sections 323, 341, 506, 148, 149 of IPC (Section 326 IPC added later on), and all subsequent proceedings emanating therefrom are hereby quashed qua the petitioners.

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03.10.2024		(GURVIN	DER SINGH GILL)
mohan			JUDGE
	Whether speaking /reasoned	Yes / No
	Whether Reportable	Yes / No

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MOHAN SINGH 2024.10.04 14:11 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

Akashdeep Singh and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Akashdeep Singh and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

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